In our article on the subsequent acquisition of Turkish citizenship, we will address the circumstances foreseen for the subsequent acquisition of Turkish citizenship by court decision. Turkish citizenship can be acquired by birth or acquired subsequently within the scope of Turkish legislation under the Turkish Citizenship Law, the Law on Private International Law and Procedural Law, the Turkish Civil Code and other laws and international conventions. The conditions and consequences of the acquisition of Turkish citizenship by the decision of the competent authority, which is one of the cases of acquisition of citizenship, are examined in this article.
What is the acquisition of Turkish citizenship?
Subsequent acquisition of Turkish citizenship is regulated in Article 9 of the Turkish Citizenship Law as follows: “(1) Subsequent acquisition of Turkish citizenship is realized by the decision of the competent authority or by adoption or by exercising the right to vote.” It is regulated as follows.
Acquisition of Turkish citizenship by decision of the competent authority
Acquisition of Turkish citizenship with the decision of the competent authority refers to the subsequent acquisition of Turkish citizenship with the will of the person concerned and the decision of the competent authority. As this issue is very detailed, you can find our related article here.
Acquisition of Turkish citizenship through adoption
The institution of acquisition of Turkish citizenship through adoption is regulated in Article 17 of the Turkish Citizenship Law as follows: ” (1) A minor adopted by a Turkish citizen may acquire Turkish citizenship as of the date of the decision, provided that he/she does not have any obstacle in terms of national security and public order.” It is regulated as follows.
Acquisition of Turkish citizenship through the right to vote
The institution of acquisition of Turkish citizenship through the right to choose is regulated in Article 21 of the Turkish Citizenship Law as follows: ” (1) Children who lose Turkish citizenship due to their parents pursuant to Article 27 may acquire Turkish citizenship by exercising the right to choose within three years from the date they reach puberty.” It is regulated as follows.
Acquisition of Turkish citizenship by TRNC citizens
The institution of acquisition of Turkish citizenship by TRNC citizens Article 42 of the Turkish Citizenship Law states that “(1) Citizens of the Turkish Republic of Northern Cyprus who apply to acquire Turkish citizenship shall acquire Turkish citizenship if they declare in writing that they wish to become Turkish citizens.
(2) The provisions specified in Article 11 shall apply to those who have acquired Turkish Republic of Northern Cyprus citizenship later on.” It is regulated as follows.
What is the acquisition of Turkish citizenship by a decision of the competent authority?
Acquisition of Turkish citizenship by the decision of the competent authority refers to the subsequent acquisition of Turkish citizenship based on the will of the person concerned and the decision of the competent authority. Admission to Turkish citizenship, which is based on the exclusive authority of the state to determine its citizens, is related to the state’s right of patrimony and sovereignty over its territory, and the administration has the discretionary authority in this regard, and the fulfillment of the conditions required by law does not constitute a right to Turkish citizenship.
What are the conditions for the application for acquisition of Turkish citizenship by the decision of the competent authority?
The requirements for application are set out in Article 11 of the Turkish Citizenship Law;
“(1) Foreigners who wish to acquire Turkish citizenship;
- a) Being an adult and having the power of discernment according to his/her national law or Turkish law if he/she is stateless,
- b) To reside in Turkey for an uninterrupted period of five years prior to the date of application,
- c) confirming by his/her behavior that he/she has decided to settle in Turkey,
ç) Not having a disease that poses a danger to general health,
- d) Having good morals, e) To speak Turkish sufficiently,
- f) Have an income or occupation in Turkey that will provide a livelihood for oneself and one’s dependents,
- g) Not having any condition that would constitute an obstacle in terms of national security and public order.”
What are the exceptions to the acquisition of Turkish citizenship?
Exceptions for the subsequent acquisition of Turkish citizenship are regulated in Article 12 of the Turkish Citizenship Law;
” (1) The following foreigners may acquire Turkish citizenship by a decree of the President of the Republic, provided that they do not constitute an obstacle in terms of national security and public order.
2 a) Persons who have brought industrial facilities to Turkey or who have rendered or are expected to render extraordinary services in scientific, technological, economic, social, sportive, cultural or artistic fields and for whom a reasoned proposal is made by the relevant ministries.
- b) Foreigners who have a residence permit pursuant to subparagraph (j) of the first paragraph of Article 31 of the Law on Foreigners and International Protection No. 6458 dated 4/4/2013 and numbered 6458, and foreigners holding Turquoise Cards and their foreign spouses, their and their spouses’ minor or dependent foreign children.
- c) Persons deemed necessary to be naturalized.
- d) Persons recognized as migrants.
(2) The Ministry shall reject the requests of those who have an obstacle in terms of national security and public order.”
In cases where Turkish citizenship is acquired subsequently in exceptional circumstances, the conditions for the acquisition of Turkish citizenship in general shall not be sought. It is deemed sufficient and necessary that these persons do not have any obstacle to acquire Turkish citizenship in terms of national security and public order.
How long does it take to acquire Turkish citizenship?
The Ministry of Justice has set target times for the judiciary. These periods are determined in accordance with the subject and nature of the case, and the Appeal and Court of Cassation stages are not considered within this period. Looking at practical applications;
- Petitions must be complete and complete
- Notification periods
- Letters from relevant institutions and organizations
- Processes such as hearing witnesses, if any, vary according to the content of the case, work and transaction.
Looking at the general averages, it can be said that citizenship affairs, procedures and cases are concluded between 1 and 2 years on average. When the stages of Appeal and Court of Cassation that start after the first instance court decision are taken into account, it is possible for a case to drag on for up to 2-3 years.
However, finalizing an application or a case in the shortest possible time is closely related to following the case closely. A good file follow-up prevents unnecessary prolongation of the case, business and proceedings.
How to find the best naturalization lawyer?
A lawyer specialized in citizenship law provides all necessary legal support to his/her client in resolving disputes between the parties. Within the framework of the dispute in question, the lawyer’s duty is to carry out the necessary work within the scope of the file in order to prevent the person he/she represents from losing his/her rights and to act in the direction of obtaining a positive result from the lawsuits. For this reason, it will be in your favor to work with an expert inheritance lawyer in order to prevent irreversible and irreparable damages and to ensure that there is no doubt that all provisions in your favor are applied.
What is the importance of a lawyer in applying for Turkish citizenship?
Your lawyer will provide you with legal counseling and advocacy services at the point of obtaining the necessary documents for the application you will make, drawing the legal road map, and will ensure that you achieve your goal in the fastest and most cost-effective way.
How much is the attorney fee for a naturalization lawyer?
The attorney’s fee is determined on the basis of the proceedings and the case against you. As it is known, every year the Union of Turkish Bar Associations The “Minimum Fee Tariff for Attorneys” prepared by the Ministry of Justice shall enter into force upon enactment. The attorney’s fee in cases under citizenship law cannot be determined as an amount below the fee specified in this tariff. Therefore, the attorney’s fee for a naturalization lawyer is not always fixed and certain. However, it may be possible to set an attorney’s fee above the minimum fee tariff specified by the Bar Association (Click here for 2024 tariff)